Rule 37.1.Mediation of civil cases

Title VI: Alternative Dispute Resolution and Trial · Last amended March 28, 2025 · Last verified July 14, 2026

In one sentenceRule 37.1 lets an Idaho court order a civil case into mediation, and spells out how the mediator is chosen, how sessions are scheduled and reported, and what confidentiality and impartiality obligations govern the process.

Full Text of Rule 37.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Definition of mediation. Mediation under this Rule is the process by which a neutral mediator assists the parties in reaching a mutually acceptable agreement. The role of the mediator is to help the parties identify the issues, reduce misunderstandings, clarify priorities, explore areas of compromise, and find points of agreement. An agreement of the parties must be based on the decisions of the parties, not the decisions of the mediator.

(b) Matters subject to mediation. All civil cases may be referred to mediation.

(c) Authority of the courts. Referral of a case to mediation does not limit the court's authority to manage and control the case during the mediation.

(d) Referral to mediation. A court may, in its discretion, order a case into mediation, as follows:

(1) on motion by a party;

(2) at a Rule 16 conference;

(3) on consideration of request for trial setting made under Rule 16(b), if all parties agree; or

(4) at any other time the court determines mediation is appropriate and provides the parties 7 days' notice.

(e) Selection of the mediator. The parties must select a mediator within 28 days of the entry of the mediation order, unless the court orders otherwise. If the parties do not timely select a mediator and report their selection to the court, the court will appoint a mediator from the judicial district's list of mediators.

(f) Scheduling of first mediation session. Unless the court orders otherwise, the first mediation session must take place within 42 days of:

(1) the parties reporting to the court their selection of a mediator; or

(2) the appointment of the mediator.

(g) Reports. The mediator or the parties must advise the court within 7 days of the last mediation session as to whether the case has been settled, in whole or in part. The parties must be copied on the communication to the court.

(h) Compensation of mediators. Mediators must be compensated at their regular fees and expenses, which must be clearly stated in the information and materials provided to the parties. The parties are responsible for a prorata share of the mediator's fees and expenses, unless other arrangements are made by the parties or ordered by the court. If a mediator is not paid, the court may order payment on motion of the mediator.

(i) Impartiality. The mediator has a duty to be impartial. This includes a continuing duty to advise all parties of any circumstances bearing on possible bias, prejudice, or partiality.

(j) Attendance at mediation.

(1) In general. Mediation must be attended by:

A. The attorneys primarily responsible for trying the case; and B. all parties, or insurers, if applicable, with authority to settle.

(2) When attendance is excused. A. Where excused by the court. B. At the request of the parties who are in agreement, can show good cause, and are excused by the court. C. At the request of the mediator who can show good cause and is excused by the court.

(k) Confidentiality. The mediator must follow the confidentiality rules agreed to by the parties. The confidentiality protections of Rules 408 and 507 of the Idaho Rules of Evidence apply to mediations. ( l) Sanctions. If a mediator fails to fulfill their responsibilities in this Rule they may be sanctioned, including removal from the roster of mediators.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016; amended September 9, 2016, effective September 9, 2016; amended June 24, 2021, effective July 1, 2021; amended March 28, 2025, effective March 28, 2025.)

Plain-English Summary

Mediation, as Rule 37.1 defines it, puts a neutral mediator in the room to help the parties talk through a dispute, surface the real issues, and find common ground — but any agreement that comes out of it belongs to the parties, not the mediator. Any civil case can be referred, and sending a case to mediation doesn't take the court out of the picture; the judge keeps full authority to manage the case while mediation is underway. Referral can come from a party's motion, from a Rule 16 conference, from a joint request when the parties ask for a trial setting, or from the court's own initiative, so long as the parties get seven days' notice in that last situation.

Once a case is referred, the parties get 28 days to agree on a mediator; if they don't, the court appoints one from the judicial district's roster. The first session then has to happen within 42 days of the mediator being selected or appointed, unless the court says otherwise. Within seven days after the last session, the mediator or the parties have to tell the court whether the case settled, in whole or in part, copying everyone on that communication. Mediators get paid their regular fees, shared proportionally among the parties unless they arrange something else or the court orders otherwise, and an unpaid mediator can ask the court to order payment. The mediator owes the parties impartiality, including an ongoing duty to flag anything that could look like bias or favoritism. Attendance is mandatory for the attorneys handling the case and for the parties or their insurers who hold settlement authority, though the court can excuse someone for good cause, on the parties' joint request or the mediator's own request. Whatever confidentiality rules the parties agree to govern the mediator's conduct, and the Idaho Rules of Evidence protecting settlement talks and mediation communications apply on top of that. A mediator who doesn't live up to these responsibilities risks sanctions, up to and including removal from the list of approved mediators.

Frequently Asked Questions

Can a court force a civil case into mediation even if a party would rather not?

Yes. Rule 37.1(d) lets the court order any civil case into mediation on its own initiative, in addition to referral by motion or at a Rule 16 conference, though a court-initiated referral requires giving the parties seven days' notice.

Who picks the mediator?

The parties do, within 28 days of the mediation order, unless the court says otherwise. If they can't agree or don't report a selection in time, the court appoints a mediator from the judicial district's list.

Who has to show up at the mediation session?

The attorneys primarily responsible for trying the case, along with the parties themselves, or their insurers where applicable, who hold authority to settle. Attendance can be excused by the court on its own initiative, at the joint request of parties who show good cause, or at the mediator's request for good cause.

Is what happens during mediation confidential?

Yes. The mediator has to follow whatever confidentiality rules the parties agree to, and the confidentiality protections in Rules 408 and 507 of the Idaho Rules of Evidence apply to mediation communications on top of that.

Can a mediator face consequences for not doing the job properly?

Yes. A mediator who fails to fulfill the responsibilities Rule 37.1 lays out can be sanctioned, including being removed from the roster of approved mediators.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

Also known as: mediation of civil cases Idahocourt-ordered mediation Idahoselecting a mediator Idahomediation attendance requirementADR in Idaho civil case